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3 Case W. Res. J.L. Tech. & Internet 1 (2011-2012)

handle is hein.journals/caswestres3 and id is 1 raw text is: TO DISCLOSE OR NOT TO DISCLOSE: WHY THE UNITED STATES PROPERLY ADOPTED THE EUROPEAN MODEL FOR THIRD- PARTY PARTICIPATION DURING PATENT PROSECUTION Dylan M Aste ABSTRACT The Patent Reform Act of 2011 includes a provision that expands the ability of third parties to submit prior art, including explanations of the relevance of the art, during the patent prosecution process. This provision is very similar to the third-party observations that the Euro- pean Patent Office has permitted for decades. Allowing third-party participation during patent prosecution could substantially improve patent quality as well as relieve the United States Patent and Trade- mark Office's already over-burdened examiners who do not have enough time to conduct a complete prior art search for each and every patent application. INTRODUCTION The United States currently suffers from a severe backlog of pat- ent applications' at the United States Patent and Trademark Office LD., University of San Diego School of Law. I thank Professor Ted Si- chelman for his helpful comments and suggestions. I thank my mother for her sup- port. 1 Phil Hirschkorn & Rebecca Jarvis. Patent Backlog Frustrates Inventors. CBS NEWS, (Aug .8, 2010 10:47 PM). http://www.cbsnews.com/stories/2010/08/08/eveningnews/main6755116.shtml (The 'in box' at the U.S. Patent and Trademark Office is stuffed with 700,000 applications awaiting review.). 1

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